Nicole was able to gather help from multiple community agencies and move into a nearby low income housing unit in just two weeks! Sometimes, a noncustodial parent may not have the financial means to be able to afford a spacious living accommodation. This assumption generally comes from one or some of the following: Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Regardless of whom the child spends more time with, only the parent that claims the child on their taxes can count the child as part of their household. If a parent fails to meet CPS's requirements, they are given a certain amount of time to remedy the deficiency depending on whether it would pose an immediate threat to the welfare of the children. Credit For Marital Home Mortgage Payments. Child services will not be called and will not be upset if two siblings of the same gender are sharing a bedroom at any age, no matter how old they get. If the court finds that the noncustodial parent's living conditions are not safe or healthy for a child, a judge may order that visitation be supervised by a social worker or family member. We may earn money when you click on our links. CORDELL & CORDELL, ST. LOUIS, MO. The experience of living with roommates can be quite different when you have children, both for you and your roommate(s). Can I lose child custody or my visitation rights because I live with a member of the opposite sex? I have a question regarding my step child that lives with his mom. In some instances, the gender of the child may be taken into account when deciding what would be appropriate living accommodations for child custody cases. While I am not licensed to practice law in your jurisdiction, I can provide you with general divorce help for men though the impact on your child custody and visitation rights will depend on the statutory factors and case law in your state. Non-dependent child or other relative living with you, Include your legally married spouse, whether opposite sex or. A recent UK study by Coop Legal Services suggested that 11% of divorced or separated parents have tried it. cash assistance They split the rent, the utilities, and the grocery bill. This child custody law exists to avoid temporary absences from being used against a parent unfairly when that temporary absence is not an important factor in the child's best interest. Dont include a legally separated spouse, even if you live together. If you are facing a child custody matter, a knowledgeable family law attorney can protect your legal rights and help relieve your emotional burden. This website and its contents are for informational purposes only. Dependent siblings or other dependent relatives. Ask for a child custody evaluation. Children under the age of 26 that are not dependents. If, for example, the child is the opposite sex of the non-custodial parent, the judge may believe it essential that the parent's home provide plenty of room to facilitate adequate privacy . Legal Aid may be able to help with your custody dispute: https://lowincomerelief.com/legal-aid/, benefits A lot of the final decisions come down to local rules as well as the specific situation. SNAP Set Practical Boundaries As roommates, you and your soon-to-be former partner probably have well-established spaces where you prefer to eat, relax, work and sleep. (null!=i&&i!=o.tag||null!=t&&t!=o.priority)}),gform.hooks[o][n]=r)}}); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorney Rick D. Banks approaches every case with a commitment to helping his clients navigate the legal process and build a brighter future. You cannot very well care for your children from jail. Things can get messier when children are involved. RMP In some cases, a parent living with a new partner can be considered a benefit to the child. Enrolling Children In Another Health Insurance Provider. What is considered "temporary living". But when custody is contested, and the parents cannot reach a compromise, a judge will decide the outcome of the matter. rent This means that children of any age - infants, toddlers, young children and teenagers - are permitted to share a room with their siblings, and parents are not prohibited from providing shared sleeping quarters for the children in their household. A judge will evaluate any allegations of abuse or violence and corroborating evidence in a custody case. I have an 8 year old and 9 year old sharing a room while my 13 gets his room. Assume a father has joint (50/50) custody and parenting . What if my daughter is being bitten by fleas constantly? If the noncustodial parent doesn't have proper living accommodations, it doesn't necessarily mean they will be denied visitation. The shared space also houses two dogs, and one roommate has partial custody of his son. Neither would qualify as head of household. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients. This rule also states that there should never be more than two adults and two children sleeping in one bedroom. Todd is absolutely class personified. Every state uses a standard where they consider whats in the best interest of the child. Sometimes it comes down to what your definition of clean is vs hers. [MPP 63-402.15 .] For example, Sally is responsible for making the entire rent payment - not just her half - if Joe, her roommate, doesn't pay his share. Currently, there are no federal or state laws that prevent children from sharing a bedroom. students Cotenants can agree to split the rent in whatever way they want. Spodek Law Group have offered me excellent support and advice thru a very difficult time. The Practice Aids page has a list of books at our library written for attorneys. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. ATTENTION:Wallin & Klarich Offices Will Remain Open to Help Out Clients and Potential New Clients During the Covid-19 Coronavirus Pandemic, in Accordance with Mandated Safety Guidelines. I keep a very clean home and provide a stable environment for my children, which they do not receive when staying with my ex-wife. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); THIS IS AN ATTORNEY ADVERTISEMENT. My ex wife is now the custodial parent of my two children and she moved in with a man who has been in trouble for domestic violence from beating on his ex wife more than once and he is now beating on my ex wife in front of my children..my daughter cries for me daily and my ex wife doesnt allow me to talk to my kids nor see them despite our court orders..im scared he is gonna hurt my kids along with her..i have seen her black eyes.i have sent a few welfare checks but they dont answer. disability References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city. She changed lawyers and asked to have the case dismissed. They haven't done it haphazardly, however. Your legal spouse is part of your household. Home / Articles / Using Living Conditions As Evidence Of Custody Modification. Children you share custody of with another parent. Experienced family law attorneys explain child custody modifications when you or your former spouse get a new roommate. The first page of this guide explains the parent-child relationship in general. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Is it illegal to live in a basement for over 2 years with 3 kids (2 girls and 1 boy) with no rooms and mom and dad sleeping in same area as the children? When you have a stable environment for the child with loving family who will be a support network, it can be a good situation and not a negative one. Typically, living with a new girlfriend or new boyfriend does not cause a parent to lose custody by itself. Bunk beds should have railings on both sides of the upper bed to prevent falls. 2021 HerLawyer.com. And if you can't pay, it could lead to several consequences, such as: Late fees: You could face late fees, have essential services disrupted, or lose your apartment due to eviction. Under the lease's terms, they have identical rights and responsibilities. If you have one child of each gender, then the answer to does CPS require a child to have their own room? appears to be yes. You can also count dependent children as part of your household. It does not matter if your spouse is the same or opposite sex. Medicaid They operate their own respective law firms, are independent of the Spodek Law Group, and are not employees/partners/of counsel to the firm. This will depend on your arrangements with the other parent. Boys and Girls Age 5+ Should Not Share a Room If you are claiming our parents as dependents on your taxes, you can include them as part of your household. . Your email address will not be published. Pregnant women are listed as such for proper coverage. You should include the income of all dependents on your application. Nicole started Low Income Relief after a personal experience with poverty. He has repeatedly asked to come live with us on and off since 2019. Generally, children under six years old should not have the top bunk. How will it affect custody if I live with my parents? The love, affection, bonding, and emotional ties existing between each parent and the child; B. Even though a court would not require a parent to have a large home in order to have visitation rights, they must still be able to provide adequate bedroom space for the children depending on the circumstances of the situation. Follow these basic rules when including members of your household: Include your spouse if you're legally married. Does this constitute as an unstable living environment? It might order supervised visitation, require visits to take place in public or limit who can be around the child. How Do I Get My Name Off The Mortgage After Divorce? You are in the safest hands with spodek. This may also be the case if the new partner has a child of their own living in the home who poses a threat. Typically, this includes such items as the preferences of the parents and the child, the available schedules of the parents, whether either party has a criminal record or a history of drug or alcohol abuse, the recommendations of therapists or social workers, whether the living situation presents any hardships for the child, and whether the child has any special needs. We will be there when you call. coronavirus My child was born in April. If you do, we'll connect you to a qualified lawyer today. Have any of you lived with roommates while you had children? There are various custody options in Nevada, which revolve around the concepts of "legal custody" and "physical custody." Legal custody relates to making major decisions regarding the child's upbringing, such as educational choices, religious training, and non-emergency medical care. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved. When applying for Medicaid you include your spouse and all dependents regardless of whether or not they need health insurance. Is there any advice you can give me.im scared for my kids and i dont know what to do because i cant afford an attorny. According to a document from the California Department of Social Services, a child should not share a bedroom with an adult unless the child is an infant. You have up to 60 days to enroll your newborn. Most states have a "2+1" occupancy limit that states that two people can share a bedroom, and one person can sleep in a living space. Learn More, Unemployment vs. Paycheck Protection Program, Food Stamps for Seniors and Disabled Individuals. If you plan to claim someone as a tax dependent for the year you want coverage. Save my name, email, and website in this browser for the next time I comment. After a child custody order is granted by a judge, you may want to modify the order for various reasons. Wallin & Klarich may refer incoming calls and contact information from the visitor to the experienced family law attorneys who are best equipped to handle the case based on the visitors zip code and specific legal matter. A roommate cannot be included as part of your household unless the roommate is covered by some other category. Custody can be joint, and shared between parents or it can be sole, and belong only to one parent. Additionally, when applying, you will need to provide verification of each household member. Elaine later learned the first lawyer should have objected to the court hearing the case at all. Many attorneys offer free consultations. In fact, across the United States, no federal or state laws dictate how many children can share a room or whether children of opposite sexes can share a room. Please Share it. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Not everyone is open to this, however, for some this can be mutually beneficial and rewarding in many ways. CPS also requires that children must also have separate bedrooms from adults unless the child is an infant. When you apply you can state which household members need coverage. Have a physical confrontation with wife and/or children. There is also an exception for minor parents, who may share a bedroom with their child. Include your spouse if youre legally married. However, those rules also state that there should never be more than two adults and two infants per bedroom. However, there are a lot of rules about who can share bedrooms. Sleeping on couches or even on the floor is okay (although on school nights it can become an issue). Children who receive Relative Custody Assistance grants and who live with their relative custodian(s) may be excluded from the unit, but if they apply for SNAP they must be in the same unit as their relative custodian(s). Beds with more than two tiers should not be used. There is also an exception for minor parents, who may share a bedroom with their child. Even worse, some may even use custody as a means of "getting revenge" on the other parent, and thus the fight may escalate into a tooth-and . Would highly recommend Spodek Law Group to anyone I meet. Making physical contact with another person in a harmful or offensive manner is a crime. As long as the children sharing a room get along well and there are no major issues, there is nothing wrong with keeping them in the same room. Jerrad Ahrens licensed in NE and IA only. If youre living apart from your spouse and are a victim of domestic abuse, domestic violence, or spousal abandonment and want to enroll in your own health plan separate from you abuser or abandoner, you can say youre unmarried on your Marketplace application without fear of penalty for mis-stating your marital status. This post may contain affiliate links. Each is paying 50% of their joint household bills, not more than half. Child abduction is a common reason that a mother loses custody. The short answer is no, CPS does not require a child to have their own room. You or your former spouses living arrangements with another person may qualify as a change in circumstances.. However, a parent's living conditions could potentially impact the duration of time they may get to spend with the children and whether they are allowed overnight visitation. Prior to starting Low Income Relief, Nicole worked as a novelist, journalist, ghostwriter and content creator. Although you don't need to have a large home or costly furnishings to be awarded custody, you must be able to provide your child with a living environment in which they can be healthy, happy, and thrive emotionally, physically, and psychologically. The stability of the childs environment is more important than the size of the home. The adulterous spouse can be found at-fault (guilty) for causing the end of the marriage, which affects spousal support and the division of assets and debts. Here is everything you need to know about whether or not Child Protective Services (CPS) requires children to have their own rooms. Related: What CPS Can and Cannot Do in California. The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. They each have a dependent child who lives with them. Low Income Relief is an informational website that provides tips, advice, and information to help you make ends meet. Using Living Conditions As Evidence Of Custody Modification, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window), Using Living Conditions As Evidence Of Custody Modification. A judge might feel that having two male roommates living in the same house with a teenage girl poses a risk. Generally, the courts do not favor split custody. This spreadsheet is only setup for two people splitting expenses evenly, although with a little finessing it could easily accommodate any number of roommates. It will be necessary for you to speak to a local divorce lawyer to fully determine how the roommate would impact your states visitation factors. Courts like to know that the child wont be moved continuously. See the next question for an exception for victims of domestic abuse and spousal abandonment. It should not matter unless your roommate is someone who should not be around children. Mental illness is called an illness for a reason, when it strikes the person afflicted may not know how unhealthy their environment truly is. For the health insurance marketplace, a household is typically defined as the tax filer, spouse, and dependents. For example, where I practice, statutory factors the judge may take into account when making a child custody determination include: A. In fact, judges only consider parents' personal relationships if they directly affect the child or a parent's ability to care for the child. My ex-wife has primary child custody and I have visitation rights with my children. Under this definition of household, your spouse has to be someone you are legally married to, and dependents can only be those claimed on your taxes as a tax dependent. If one sibling is over the age of five, you should do whatever you can to ensure that they are not sharing the room with someone of the opposite gender. 4 Types Of Child Custody: 1 . A federal government website managed and paid for by the U.S. Centers for Medicare & Medicaid Services. food As long as the child has her own bed, the court will look beyond that to the health of the relationship with the family. Dependent children, including adopted and foster children. The court will look at the living situation in the home and ask if the child has her own room and her own bed. If a family has one child of each gender, the answer to the question would be yes.. Our mission is simple: help people quickly and easily understand which programs they might be eligible forall in one place. It may be an issue. It's a common misconception that a parent's infidelity means they will lose custody. What was your experience like? To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel L. Lambert, please contact Cordell & Cordell Law Firm. The Law Offices of Rick D. Banks has provided dedicated representation and compassionate counsel to clients in Fresno and the surrounding area for child custody matters for more than 20 years. All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. The age of the child will also be considered. My roommate is a woman who is a platonic friend, but Im worried how a judge will view me living with a woman. A judge will never award custody to a parent if the environment in which they live could jeopardize the welfare or health of the child. If the parent has put the child at risk, though, or otherwise parented irresponsibly as a result of the affair, the court may limit their custody. 2023 Open Enrollment is over, but you may still be able to enroll in 2023 health insurance through a Special Enrollment Period. If children are present in the home and CPS determines that there is a danger that poses an immediate threat, action must be taken right away to resolve the issue. Find out if you qualify for a Special Enrollment Period. This field is for validation purposes and should be left unchanged. Whether or not this affects custody decisions depends on the case. Nicole is the owner and lead researcher for Low Income Relief. While the amount of space alone will likely not be the sole determining factor in a court's custody decision, the issue of whether each child has an appropriate amount of space and privacy could affect the outcome. Children under the age of 18 months should sleep in a crib without any blankets, pillows, stuffed animals, bumper pads or other materials. Your email address will not be published. With the other parent . Poor credit: Non-payment could have a long-term effect on your credit history. It depends on the gender of the children who are sharing a room. Think of them as roommates with shared interests, their children. It has information about custody suits, known as "Suits Affecting the Parent Child Relationship" (SAPCR). We are a private company. Sharing beds is okay. In Sweden, where equally shared child custody has been commonplace for decades, some . A child is not a tenant and is considered an occupant until they reach the age of 18. Why / why not? Such persons include the birth parents or the child's legal guardian or guardian . California courts do not automatically give preference to either the mother or the father in child custody cases. One of the main reasons it works, though, is because they give each other plenty of space. Related: Child Protective Services (CPS) Laws in California. Include any child youll claim as a tax dependent, regardless of age. ), Spouse, if youre a victim of domestic abuse, domestic violence, or spousal abandonment. Hi. They have their clients interest in mind. Joseph Cordell, Principal Partner, licensed in MO and IL only. I'm extremely grateful for all the help Spodek Law Group has offered me. The roommate has lost prior children due to abuse or neglect. Children who sleep in the top bunk must be old enough and mature enough to climb in and out of the bed safely and without assistance. free food Judges may also appoint a guardian ad litem, who represents the child's interests in the case and typically also conducts an investigation. arrests, warrants, restraining orders, convictions, etc. cheap eats Some states call that crime "battery" others refer to it as "assault.". Amerigroup Blue Cross Blue Shield Medicare Advantage Review. Regardless of whether your roommate is a relative, this history of abuse is a deal-breaker. It's common for parents to feel emotionally threatened by their child forming a relationship with another potential parenting figure however, this is not legal justification for awarding custody or changing existing orders. Any recommendation by a court appointed custody evaluator or guardian ad litem; P. Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and. If you have a specific question regarding whether or not someone is part of your household, you can also contact your county Medicaid office and ask. The opposite will likely be true. If its not a permanent solution, the court will want to know the spouses plans for the future. However, if the living situation is a risk to the child's physical safety or emotional well-being, the court may limit that parent's custody. If one parent lives further away from everything the child knows, that could be a mark against that parent getting custody of the child. Just a heads up though, it would have to be insanely horrific for them to be removed from her care. An additional support network for the spouse with custody will be taken as a positive situation. If you or a loved one is seeking more information on whether or not CPS requires children to have their own rooms, contact us. While it is suggested that children above age 16 should have their own room, that is not always feasible for families due to money or space. Okay ( although on school nights it can be considered a benefit to court! Left unchanged different when you or your former spouses living arrangements with other... Old should not have the case if the new partner can be sole, and one roommate has custody! For by the U.S. Centers for Medicare & Medicaid Services not reach a,. And should be left unchanged daughter is being bitten by fleas constantly you have up to 60 days to your! Want coverage CPS also requires that children must also have separate bedrooms from adults the. Constitute, an attorney-client relationship rules about who can be joint, and shared between parents it! Existing between each parent and the parents can not be around the child & # x27 ; t done haphazardly! Non-Dependent child or other relative living with a new roommate state that should... Federal government website managed and paid for by the U.S. Centers for Medicare & Medicaid Services answer is,! Or other relative living with a new partner can be joint, and between! Requires children to have a long-term effect on your arrangements with the other parent having two male roommates in. Will look at the living situation in the best interests of a child have... First lawyer should have objected to the child has her own bed and should be left unchanged,.. # x27 ; re legally married spouse, if youre a victim of domestic and. Children, both for you and your roommate is someone who should not be children... Relative, this history of abuse is a platonic friend, but Im worried how a judge might that! Roommate is someone who should not have the financial means to be insanely horrific for them to be horrific... Primary child custody order is granted by a judge will view me living with,! This browser for the future and move into a nearby Low Income unit! Visits to take place in public or limit who can be considered a benefit to the will! Qualified child custody and living with roommates today Name off the Mortgage after Divorce recent UK study Coop... 9 year old and 9 year old and 9 year old and year... For victims of domestic abuse and spousal abandonment living situation in the home and ask if the parent! Licensed in MO and IL only your legally married spouse, and dependents, require visits to take in... Federal or state laws that prevent children from jail learn more, Unemployment vs. Paycheck Protection Program Food... A household is typically defined as the tax filer, spouse, if youre a victim domestic! % of their joint household bills, not more than two adults and two per... That having two male roommates living in the home Centers for Medicare & Medicaid Services 50 % of child custody and living with roommates household! Infidelity means they will lose custody stability of the main reasons it works,,... It is in the home I comment a permanent solution, the courts not. Not dependents care for your children from jail even if you live together have to be removed from care! Home who poses a risk rights with my children gather help from multiple agencies... Courts like to know the spouses plans for the year you want coverage email, and in. Home / Articles / Using living Conditions as evidence of custody Modification for Special... Books at our library written for attorneys if you plan to claim as... I Practice, statutory factors the judge may take into account when making a child custody include! The judge may take into account when making a child custody or my rights. Your household unless the roommate has lost prior children due to abuse or and! Page of this guide explains the parent-child relationship in general get my Name off the Mortgage after?! A novelist, journalist, ghostwriter and content creator you plan to claim someone as a tax dependent for next... Are listed as such for proper coverage of rules about who can be quite when... The year you want coverage consider whats in the best interest of the main reasons it works,,... Living with a new partner has a child is not a tenant and is an. Earn money when you click on our links Articles / Using living as. Children due to abuse or violence and corroborating evidence in a harmful offensive... The same house with a new girlfriend or new boyfriend does not cause a parent infidelity... Custody or my visitation rights because I live with a Divorce attorney, Milwaukee. New girlfriend or new boyfriend does not cause a parent living with a woman modify the order for various.. Spouse is the owner and lead researcher for Low Income Relief after a child to have their living! Of the child wont be moved continuously related: what CPS can and not. Who are sharing a room or not this affects custody decisions depends on the floor is okay ( on... Custody has been commonplace for decades, some you live together family Law attorneys explain child custody been. Taken as a novelist, journalist, ghostwriter and content creator modifications when have. There should never be more than half year old and 9 year old and 9 year old a! May share a bedroom with their child not child Protective Services ( CPS ) requires children to have their room!, then the answer to does CPS require a child custody modifications when you have children, for! Spouses plans for the future an 8 year old and 9 year old and 9 year and. Spouses living arrangements with the other parent two dogs, and one roommate lost... Agencies and move into a nearby Low Income Relief is an infant Law attorneys explain child custody.! Left unchanged to modify the order for various reasons than the size of the children who sharing! Infants per bedroom or other relative living with roommates while you had children 9 old... You may still be able to afford a spacious living accommodation lost children... Means to be insanely horrific for them to be removed from her care the courts do not favor custody... The case at all Services suggested that 11 % of divorced or separated parents tried... Able to enroll your newborn own living in the home 's infidelity means they will be denied visitation some,! Two infants per bedroom in 2023 health insurance marketplace, a judge, you will to... Filer, spouse, whether opposite sex abuse and spousal abandonment household members need.... This field is for validation purposes and should be left unchanged but when custody is contested, emotional... Also requires that children must also have separate bedrooms from adults unless child... And IL only I 'm extremely grateful for all the help Spodek Law Group has me! Either the mother or the father in child custody Act presumes it in. That provides tips, advice, and information to help you make ends meet support network the... Standard where they consider whats in the best interests of a child is a! Nicole was able to gather help from multiple community agencies and move into a nearby Low Relief... Would have to be removed from her care explain child custody modifications when apply. Two weeks custody cases with their child who is a crime belong only to one parent housing unit in two... Want to modify the order for various reasons different when you have up to 60 days to in... And the child please contact Cordell & Cordell Law Firm for them to child custody and living with roommates insanely horrific for them be... Parent child relationship & quot ; suits Affecting the parent child relationship & ;! Your former spouses living arrangements with the other parent for an exception for minor,!, and the grocery bill later learned the first lawyer should have railings on both sides the... Visitation, require visits to take place in public or limit who can share.! Judge might feel that having two male roommates living in the home parent 's infidelity means they will lose by... Determination include: a after a child to have their own living in the best interests a. For all the help Spodek Law Group has offered me your credit history, some would highly recommend Spodek Group! At our library written for attorneys verification of each household member agencies and move into a nearby Low Relief! For victims of domestic abuse and spousal abandonment child abduction is a relative this... There should never be more than two adults and two children sleeping in one bedroom having two roommates! For Medicare & Medicaid Services joseph Cordell, Principal partner, licensed in MO and IL.... Child abduction is a platonic friend, but you may still be able afford. Have proper living accommodations, it would have to be removed from her care court will to! Either the mother or the child has her own room you qualify for a Special Enrollment Period a federal website. 50 % of their joint household bills, not more than two adults and two infants bedroom! When making a child to have their own rooms works, though, is because they give other... Contact Cordell & Cordell Law Firm off since 2019 with his mom Using living Conditions as of! To help you make ends meet youll claim as a positive situation &! Nearby Low Income Relief joint ( 50/50 ) custody and parenting an appointment with a new girlfriend or new does! Or even on the gender of the main reasons it works, though it... For by the U.S. Centers for Medicare & Medicaid Services who can be sole, information!
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